Question 1

Michelle had major abdominal surgery.Months after the surgery,she still did not feel well.When she was operated on again,the surgeon discovered two sponges that were not removed at the conclusion of the first operation.Michelle should be able to collect damages without having to prove negligence under the doctrine of

Accepted Answer

Res ipsa loquitor is a legal doctrine that allows a plaintiff to prove a defendant's negligence based on the circumstances of the case alone. In this case, the fact that two sponges were left in Michelle's abdomen after surgery is sufficient to establish negligence under the doctrine of res ipsa loquitor. Therefore, Michelle should be able to collect damages without having to prove negligence.

Question 2

All of the following are examples of tort reform proposals EXCEPT

Accepted Answer

This question is asking for an example of a tort reform proposal that is NOT included in the given options. Option B suggests eliminating caps on noneconomic damages, which is actually a common proposal for tort reform. Therefore, the correct answer is B.

Question 3

The Sarbanes-Oxley Act requires which of the following?
I.Accounting firms auditing a company's books must provide other major services to the firm besides auditing services.
II.The company's Chief Executive Officer (CEO)must swear to the accuracy of quarterly and annual financial reports.

Accepted Answer

The Sarbanes-Oxley Act requires the company's CEO to swear to the accuracy of quarterly and annual financial reports, but it prohibits accounting firms from providing other major services to the firm besides auditing services. Therefore, option I is incorrect, and option II is correct.

Question 4

Shareholders and employees harmed by the negligent acts and deceptive statements of company leaders may file lawsuits against the company leaders.Company leaders are covered for such claims under which type of insurance?

Accepted Answer

Directors and officers liability insurance specifically covers claims brought against company leaders for negligence and deceptive statements. Employment practices liability insurance covers claims related to wrongful termination, discrimination, or harassment. Employee benefit liability insurance covers claims related to errors or omissions in employee benefit plans. General liability insurance covers claims related to bodily injury or property damage.

Question 5

James was injured in an auto accident caused by another motorist's negligence.To reimburse him for his hospital bills and lost earnings,items which can be specifically itemized,James will receive

Accepted Answer

Special damages are specific, quantifiable financial losses that result from an injury or accident, including hospital bills and lost earnings. Punitive damages are intended to punish the wrongdoer and are not directly related to the victim's specific financial losses. Imputed damages refer to damages that are based on another party's actions (such as an employer being held responsible for their employee's negligence) and general damages refer to non-financial losses such as pain and suffering.

Question 6

All of the following are proposed solutions to the medical malpractice problem EXCEPT

Accepted Answer

Eliminating arbitration panels to resolve disputes is not a proposed solution to the medical malpractice problem. The other options (shortening the statute of limitations, placing limitations on contingent fees, and placing limitations on damage awards) have all been suggested as potential solutions to reduce the number and cost of medical malpractice lawsuits.

Question 7

Arguments in favor of reforming the civil justice system include which of the following?
I.There is often a long delay in settling lawsuits.
II.Compensation awards have decreased significantly over the past two decades.

Accepted Answer

One of the primary arguments for reforming the civil justice system is the significant delay in settling lawsuits, which can hinder timely justice and increase costs for all parties involved. The statement about compensation awards decreasing significantly over the past two decades does not generally support arguments for reform, as concerns typically focus on the unpredictability and sometimes excessive size of awards, rather than a decrease.

Question 8

Malcolm was involved in an auto accident.He was judged to be 20 percent at fault in the accident,and the other party was judged to be 80 percent at fault.Malcolm's actual damages were $40,000.Under a pure comparative negligence rule,how much will Malcolm receive for his injuries?

Accepted Answer

Under a pure comparative negligence rule, each party is awarded damages in proportion to their percentage of fault. Since Malcolm was 20 percent at fault, he would be able to recover 80 percent of his actual damages. 80 percent of $40,000 is $32,000.

Question 9

All of the following are categories of torts EXCEPT

Accepted Answer

Breach of contract is not a category of torts, as it involves a violation of a contractual agreement rather than a civil wrong committed against a person or their property. The other choices - intentional torts, strict liability, and negligence - are all categories of torts.

Question 10

Jan was injured in a work-related auto accident.She sued the other driver,and the case went to court.While questioning Jan,the defendant's lawyer asked if her injuries and lost earnings were covered under workers compensation.Jan's lawyer objected to the question.The judge ruled the question was improper and instructed the jury to disregard the question.Based on the judge's reaction to the question,we can conclude that which of the following rules is in force where this trial took place?

Accepted Answer

The judge's reaction to the defendant's lawyer's question suggests that the collateral source rule is in force in this trial. The collateral source rule prohibits a defendant from introducing evidence that a plaintiff has received compensation from sources other than the defendant. In this case, the question about workers compensation was seen as attempting to introduce evidence of other compensation sources, hence why it was objected and then disregarded by the judge.

Question 11

Under one doctrine,a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity.This doctrine is called the

Accepted Answer

The assumption of risk doctrine states that a person who voluntarily engages in a potentially dangerous activity and understands the risk involved cannot later recover damages in case of injury or harm from the activity. This defense is often raised in cases involving sports or recreational activities where participants are aware of the inherent risks involved. The other options - contributory negligence doctrine, comparative negligence doctrine, and fellow servant doctrine - are different legal concepts that do not apply to the scenario described in the question.

Question 12

Bruce believes a local manufacturer is responsible for contaminating some land he owns.He filed suit against the company.Rather than have the case go to court,the manufacturing company's legal team suggested mediation or arbitration to settle the case.Methods that are employed to resolve legal disputes without litigation,such as mediation,are called

Accepted Answer

The methods mentioned in the question, such as mediation and arbitration, are alternative dispute resolution techniques, which are used to settle legal disputes without going to court. Therefore, option B is the correct answer. Option A refers to a rule regarding the admissibility of evidence in court, not a method of resolving disputes. Option C refers to a legal concept related to the allocation of damages among multiple defendants, while option D is a rule used to determine liability in cases where multiple parties may be at fault for an injury or damage.

Question 13

The doctrine of respondeat superior applies to a(n)

Accepted Answer

The doctrine of respondeat superior holds employers liable for the negligent acts of their employees that occur within the scope of their employment. Therefore, the correct option is C, employer's liability for a negligent employee.

Question 14

James was injured in an auto accident caused by another motorist's negligence.He received severe facial lacerations and injured his back in the accident.In payment for his pain,suffering,and disfigurement,losses which cannot be specifically itemized,James will receive

Accepted Answer

General damages compensate the injured party for losses that are subjective and cannot be easily quantified, such as pain, suffering, and disfigurement.

Question 15

Alternative techniques for resolving legal disputes without litigation include which of the following?
I.Arbitration
II.Mediation

Accepted Answer

Both arbitration and mediation are alternative techniques for resolving legal disputes without litigation. In arbitration, a neutral third party makes a binding decision, while in mediation, a neutral third party helps the parties reach a voluntary settlement. Both methods can be used to save time, money, and emotional stress compared to the traditional court system.

Question 16

Situations under which parents can be held liable for the actions of a child include which of the following?
I.The child uses a parent's gun to injure someone.
II.The child is acting as an agent of the parent.

Accepted Answer

Both situations can make a parent liable for the actions of their child. In scenario I, the parent can be held liable for negligent supervision or entrustment of their firearm to the child. In scenario II, the child is acting as an agent of the parent, which means that the parent can be held accountable for any harm caused by their child's actions within the scope of the agency.

Question 17

One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced,it cannot be considered a defective product today.This defense is called the

Accepted Answer

The state of the art defense allows a manufacturer to argue that their product cannot be considered defective because it conformed to the prevailing technology and production methods at the time it was made. This is a common defense in product liability cases.

Question 18

A defendant who is only slightly liable may be required to pay the full amount of damages under which of the following?

Accepted Answer

Under joint and several liability rule, a defendant who is found even slightly liable can be held responsible for paying the full amount of damages. This is because all defendants are jointly and severally liable for the harm caused, and the plaintiff can choose to sue any or all of them for the full amount owed.

Question 19

Francis opened a store.She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries.Under common law,business customers in the store Francis opened are considered

Accepted Answer

Business customers in the store are considered invitees under common law. As the store owner, Francis owes invitees a duty of reasonable care to keep the premises safe and warn them of any potential hazards.

Question 20

Louise was in a hurry and tried to cross the street in the middle of the block rather than at a street corner.A car struck her.Even though Louise placed herself in danger,she may still be able to collect for her injuries if the driver had an opportunity to avoid hitting her but failed to do so.This rule is called the

Accepted Answer

The last clear chance rule states that even if the injured party was partially responsible for their own injuries, they may still be able to collect damages if the defendant had a clear opportunity to avoid the accident but failed to do so. This would likely apply in the case of Louise attempting to cross the street in a dangerous manner.

Quiz 19: The Liability Risk